1. In Notice of Motion No.6 of 2014, leave to intervene granted in terms of prayer (a) limited to the present hearing, as the applicants are the trustees of the Parsi Panchayet Funds and Properties and have sought to make submissions on a question of law. Motion disposed of in these terms.

I | The Issue at Hand

2. In a suit under the Parsi Marriage & Divorce Act, 1936, does the Court have the discretion to direct that evidence be recorded before a Commissioner under Order 18 Rule 4(2) of the Code of Civil Procedure, 1908, or must it only be recorded in Court with delegates present? There were, it seems, conflicting views on this question. Some courts permitted evidence to be recorded before a Commissioner. By an order dated 13th April 2012 in Jasmine Cusrow Damania v Cusrow Minoo Damania,1 a learned single Judge of this Court concluded that question was at least debatable, and left it open. In Damaniav Damania, part of the evidence was taken on commission. The defendant applied for having the matter withdrawn to court and the commissioner, appointed earlier by consent, discharged. As the application was not for discarding the evidence previously recorded, but only that furt